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SAN BEDA UNIVERSITY College of Law COURSE SYLLABUS COURSE CODE: COURSE TITLE: CIVIL PROCEDURE COURSE CREDIT: 5 UNITS COURSE PREREQUISITE/S: FACULTY: EMAIL ADDRESS: TERM/ACADEMIC YEAR: FIRST SEMESTER SCHOOL YEAR 2021-2022 DAY/TIME/ROOM/SECTION: COURSE DELIVERY MODE: FULL ONLINE CONSULTATION DAY/TIME: COURSE DESCRIPTION: A detailed evaluation of the law on civil procedure as amended by A.M. No. 19-1020-SC otherwise known as the Revised Rules on Civil Procedure, including pertinent special laws, administrative circulars, and Supreme Court decisions. COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs) Know and understand the laws, memorize provisions critical and analytical thinking, effective in written and oral communication, logical reasoning, and sound judgment, exercise of proper professional and ethical responsibilities LEARNING OBJECTIVES/OUTCOMES (LOs): 1. 2. 3. 4. 5. 6. Knowledge/Remembering: define, list, recognize Comprehension/Understanding: describe, explain, identify, recognize Application/Applying: choose, demonstrate, implement, perform Analysis/Analyzing: analyze, categorize, compare, differentiate Evaluation/Evaluating: assess, critique, evaluate, rank, rate Synthesis/Creating: construct, design, formulate, organize, synthesize Upon completion of the Course Title course, the student is expected to be able to: Expected College of Law Graduate Attributes (ELGAs) Critical and analytical thinking Effective in written and oral communication Logical reasoning Sound judgment Exercise of proper professional and ethical responsibilities LEARNING OUTCOMES (LOs) LO1. Exhibit a clear and in-depth understanding of remedial law, and civil procedure in particular, in preparation for the bar examination and practice of legal profession LO2. Analyze the practical and policy implications of current and proposed statutes, regulations, judicial rulings, legal arguments, and strategies in preparing for a legal case LO3. Assess client concerns and translating them into responsive legal arguments and strategies. ASSESSMENT/GRADING SYSTEM: 1 The student will be graded according to the following: Requirements (Based on the Learning Outcomes) LO1 LO2 LO3 Scope of Work (Individual) Class recitations, Quizzes, Case Digests, and Examinations Class standing before Midterms Midterm Exams Class Standing after Midterms Final Exams TOTAL Percentage (Weight is based on the importance of the LO) Individual Individual Individual Individual Individual Individual Individual 16.67% 16.67% 33.33% 33.33% 100 LEARNING PLAN: Design or the structure of the course that includes content/topics to be covered; learning resources to be used; weekly schedule of the topics to be taken up; and the learning methods to be utilized that are most likely to lead students towards the goals and learning outcomes that were defined. TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) Course Introduction Course overview Course assignments Course requirements LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) Syllabus WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) August 16-21, 2021 Lecture Discussion August 23-28, 2021 Recitation Quiz Module 1: I. a. b. c. d. • Syllabus Preliminaries • Textbooks Remedial Law distinguished from • Supreme substantive law Court Prospective Effect of the Rules of Decisions Court/ Retroactive Application of (SCRA) Rules of Court i. In the Matter to Declare in Contempt of Court Hon. Simeon Datumanong, G.R. No. 150274, 4 August 2006 Applicability to pending actions; retroactivity Rule-making power of the Supreme 2 TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) Court i. Constitution, Art. VI, Sec. 30 ii. Constitution, Art. VIII, Sec. 5(5) e. Power of the Supreme Court to suspend the Rules of Court i. Sarmiento v. Zaratan, G.R. No. 167471, 5 February 2007 ii. Labao v. Flores, G.R. No. 187984, 15 November 2010 iii. Gios-Samar, Inc. v. DOTC, G.R. No. 217158, 12 March 2019 f. Distinctions: Civil Action, Criminal Action, and Special Proceedings II. General Principles a. Nature and classification of Philippine Courts b. Doctrine of Exhaustion of Administrative Remedies i. Spouses Gonzales v. Marmaine Realty Corp., G.R. No. 214241, January 13, 2016 c. Doctrine of Primary Jurisdiction i. Fabia v. Court of Appeals, G.R. No. 132684, 11 Sept 2002 ii. Lihaylihay v. The Treasurer of the Republic of the Phil., G.R. No. 192223, 23 July 2018, Leonen c. Doctrine of non-interference or doctrine of judicial stability i. Tan v. Cinco, G.R. No. 213054, 15 June 2016 ii. Specified Contractors & Dev Inc v. Pobocan G.R. No. 212014-15, 212427-28, 212694-95, 21279495, 6 December 2016 III. Jurisdiction a. Statute in force at the time of the commencement of the action i. Cang v. Court of Appeals, G.R. No. 105308, 25 September 1998 b. Classification of jurisdiction i. Original vs. Appellate ii. General vs. Special iii. Exclusive vs. Concurrent c. Doctrines of hierarchy of courts and continuity of jurisdiction • Gios-Samar, Inc. v. DOTC, 3 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) G.R. No. 217158, 12 March 2019 d. Jurisdiction of various Philippine courts i. Katarungang Pambarangay (Sec. 399-422, Local Government Code) NOTE: Particularly a condition precedent, just like earnest efforts and arbitration, NOT on jurisdiction, as LGC on Barangay provides “authority to bring together the parties for an amicable settlement”. Thus, an ADR, not jurisdiction to hear and decide a case. • Condition Precedent • See also Art. 151, Family Code – earnest efforts toward compromise between member of the family • Art. 2041 of the Civil Code • Lansangan v. Caisip, G.R. No. • • ii. iii. iv. 212987, 6 August 2018 Abagatnan v. Spouses Clarito, G.R. No. 211966, 7 August 2017 Chavez v. Court of Appeals, G.R. No. 159411, 18 March 2005 Jurisdiction over small claims, cases covered by the rules on Summary Procedure • Summary Procedure v. Summary Proceeding (Art. 100, 252, 253, Family Code) Section 5 (4) Article VIII of the 1987 Constitution B.P. 129 – Judicial Reorganization Act of 1980, as amended by RA 115761 • Anama v. Citibank G.R. No. 192048, 13 December 2017 • Sps. Trayvilla v. Sejas G.R. No. 204970, 1 February 2016 • Heirs of Reterta v. Sps. Lopez G.R. No. 159941, 17 August 2011 4 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) v. Republic Act 7691 – An act expanding the jurisdiction of the MTC, MeTC, MCTC, amending B.P. 129 • Suapo et al v. Sps. De Jesus G.R. No. 198356, 20 April 2015 vi. P.D. 1606 as amended by Republic Act 8249; Republic Act 10660 – Sandiganbayan vii. Republic Act 8369 – Family Courts Act viii. Republic Act 8799, Sec. 5.2 – Securities Regulations Code e. Aspects of jurisdiction i. Jurisdiction over the Subject Matter • Sps. Erorita v. Sps. Dumlao G.R. No. 195477, 25 January 2016 • Rivera v. Catalo, A.M. No. RTJ-15-2422, 20 July 2015 • Heirs of Alfredo Bautista v. Lindo, G.R. No. 208232, 10 March 2014 • Heirs of Julao v. De Jesus, G.R. No. 176020, 29 September 2014 ii. Jurisdiction over the Parties • David v. Agtibay, G.R. No. 199113, 18 March 2015 • Miranda v. Tuliao, G.R. No. 158763, 31 March 2006 • Palmiano-Salvador v. Angeles, G.R. No. 171219, 3 September 2012 iii. Jurisdiction over the Issues • Bernabe v. Vergara, G.R. No. L-48652, 16 September 1942 iv. Jurisdiction over the Res • De Joya v. Marquez, G.R. No. 162416, 31 January 2006 • Gomez v. Court of Appeals, G.R. No. 127692, 10 March 2004 v. Estoppel Jurisdiction 5 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) vi. vii. LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) Tijam v. Sibonghanoy, G.R. No. L-21450, 15 April 1968 Figueroa v People, G.R. No. 147406, 04 July 2008 – clarifying the ruling in Tijam IV. Actions a. Ordinary Civil Actions, Special Civil Actions, Criminal Actions, Special Proceedings b. Personal actions and Real Actions • Sps. Trayvilla v. Sejas G.R. No. 204970, 1 February 2016 • Heirs of Reterta v. Sps. Lopez G.R. No. 159941, 17 August 2011 c. Actions in rem, in personam, and quasi in rem V. Rule 2 - Cause of Action b. Meaning of cause of action • Heirs of Tomas Dolleton v. FilEstate Management, Inc., G.R. No. 170750, 7 April 2009 • Right of Action – Multi-Realty Development Corp., G.R. No. 146726, 16 June 2006 • Consular Area Residents Association v. Casanova G.R. No. 202618, 12 April 2016 c. Test of sufficiency of cause of action • Misamis Occidental II Cooperative, Inc. v. David, G.R. No. 129928, 25 August 2005 d. Splitting of a single cause of action and its effects • Marilag v. Martinez G.R. No. 201892, 22 July 2015 • Yap v. First E-Bank Corporation, G.R. No. 169889, 29 September 2009 • Umale v. Canoga Park Development Corp., G.R. No. 167246, 20 July 2011 • Chu et al v. Cunanan G.R. No. 156185, 12 September 2011 • Riviera Golf Club Inc v. CCA Holdings B.V. G.R. No. 173783, 17 June 2015 6 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) e. LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) Joinder and misjoinder of causes of action • Perez v. Hernano, G.R. No. 147417, 8 July 2005 • Danilo v. Pedro, G.R. No. 155736, 31 March 2005 • Totality Rule (BP 129, Sec. 33) • Flores v. Mallare-Phillipps, G.R. No. L-66620, 24 September 1986 VI. Rule 3 - Parties to Civil Actions a. Natural and Juridical Persons, Entities Authorized by law • Verzosa v. Fernandez, 49. Phil. 627 (1926) b. Real parties in interest • Evangelista v. Santiago, G.R. No. 157447, 29 April 2005 c. representatives as parties • V-Gent, Inc. v. Morning Star Travel & Tours, Inc., G.R. No. 186305, 22 July 2015 • Oposa v. Factoran, G.R. No. 101083, 30 July 1993 • Resident Marine Mammals of Tanon Strait v. Reyes G.R. No. 180771, 21 April 2015 d. indispensable parties • In the Matter of the Heirship of the Late Hermogenes Rodriguez, G.R. No. 182645, 15 December 2010 (Resolution) • Cerezo v. Tuazon, G.R. No. 141538, 23 March 2004 • Foster-Gallego v. Spouses Galang, G.R. No. 130228, July 27, 2004 e. necessary parties; • Caravan Travel and Tours International, Inc. v. Abejar, G.R. No. 170631, February 10, 2016 f. indigent parties; • Spouses Algura v. City of Naga G.R. No. 150135, 30 October 2006 g. alternative defendants h. Complusory and permissive joinder of parties ||| 7 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) i. Misjoinder and non-joinder of parties • Divinagracia v. Parilla G.R. No. 196750, 11 March 2015 j. Class suit k. Suits against entities without juridical personality l. Effect of death of party litigant • Spouses De la Cruz v. Joaquin, G.R. No. 162788, July 28, 2005 • Gaffney v. Butler G.R. No. 219408, 8 November 2017 • San Juan v. Cruz G.R. No.167321, 31 July 2006 m. Death or separation of a party who is a public officer n. Incompetency or incapacity o. Transfer of Interest p. Notice to Solicitor General VII. Rule 4 - Venue a. Venue vs. Jurisdiction • Nocum v. Lucio Tan G.R. No. 145022, 23 September 2005 b. Venue in civil cases vs. Criminal cases • Nocum v. Lucio Tan G.R. No. 145022, 23 September 2005 c. Venue of real actions d. Venue of personal actions e. Venue of actions against non-residents f. When the rules on venue does not apply • Ley Construction & Development Corp v. Sedan G.R. No. 222711, 23 August 2017 • Unimasters Conglomeration Inc v. CA G.R. No. 119657, 7 February 1997 g. Effects of stipulation on venue h. Rule 8, Sec. 12 8 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) Module 2: I. a. b. c. d. Pleadings Rules 6 to 11, as amended by the 2019 Amendments to the 1997 Rules of Civil Procedure Pleading vs. Motion (Rule 6, Sec. 1; Rule 15, Sec. 1) Kinds of Complaint and when they should be filed Pleadings allowed in small claims cases and cases covered by the Rules on Summary Procedure Parts and contents of a pleading (Rule 7, Sec. 1-5, Rule 6, Sec. 3, Rule 6, Sec. 4, Rule 6, Sec. 5) • Efficient Use of Paper Rule A.M. No. 11-9-4-SC • Ao-As v. Court of Appeals, G.R. No. 128464, 20 June 2006 • Victory Liner, Inc. v. Malinias, G.R. No. 151170, May 29, 2007 • Judicial Affidavit Rule A.M. No. 12-8-8-SC • Cosco Philippines Shipping, Inc. v. Kemper Insurance Co., G.R. No. 179488, April 23, 2012 LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) • Syllabus • Textbooks • Supreme Court Decisions (SCRA) e. Periods to file pleadings f. Allegations in a pleading i. Manner of making allegations ii. Complaint • Reyes v. RTC of Makati, G.R. No. 165744, 11 August 2008 • Lazaro v. Brewmaster Intl, Inc., G.R. No. 182779, 23 August 2010 iii. Pleading an actionable document iv. Answer • Specific denials • Memita v. Masongsong, G.R. No. 150912, 28 May 2007 • Effect of failure to make specific denials • Negative Pregnant • Philippine American General Insurance Co., Inc. v. Sweet 9 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) Recitation Quiz TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) Lines, G.R. No. 87434, 8 May 1992 • Galofa v. Nee Bon Sing, G.R. No. L-22018, January 17, 1968 • Affirmative Defenses • When a specific denial requires an oath • Go Tong Electrical Supply Co., Inc. v. BPI Family Savings Bank, Inc., G.R. No. 187487, June 29, 2015 • Filipinas Textile Mills v. Court of Appeals, G.R. No. 119800, November 12, 2003 g. Counterclaims • Bangis v. Heirs of Adolfo, G.R. No. 190875, June 13, 2012 i. Compulsory • Metropolitan Bank v. CPR Promotions, G.R. No. 200567, 22 June 2015 • Financial Building Corp. v. Forbes Park Association, G.R. No. 133119, 17 August 2000 • Pinga v. Santiago, G.R. No. 170354, 30 June 2006 • Maceda v. Court of Appeals, G.R. No. 83545, 11 August 1989 • Carpio v. Rural Bank of Sto. Tomas (Batangas), Inc., G.R. No. 153171, 4 May 2006 • North Greenhills Association, Inc. v. Morales, G.R. No. 222821, August 9, 2017 ii. Permissive • Alba v. Malapajo, G.R. No. 198752, 13 January 2016 • Sy-Vargas v. Estate of Ogsos, G.R. No. 221062, October 5, 2016 h. Effect of failure to plead i. Failure to plead defenses and objections ii. Failure to plead a compulsory counterclaim and cross-claim i. Reply • Casent Realty Development Corp. v. Philbanking Corporation, G.R. No. 150731, 14 September 2007 10 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) j. Rejoinder k. Default i. When a declaration of default is proper • Momarco Import Co., Inc. v. Villamena, G.R. No. 192477, July 27, 2016 ii. Effect of an order of default • Gajudo v. Traders Royal Bank, G.R. No. 151098, 21 March 2006 iii. Relief from an order of default • Ramnani v. Court of Appeals, G.R. No. 101789, April 28, 1993 iv. Default judgment and Relief from judgment by default • Rule 37, Rules 40-41, Rule 38 • Rule 28, Sec. 3 (c) • Martinez v. Republic, G.R. No. 160895, 30 October 2006 • Jao & Co., Inc. v. Court of Appeals, G.R. No. 93233 (Resolution), December 19, 1995 • Indiana Aerospace University v. Commission on Higher Education, G.R. No. 139371, April 4, 2001 v. Effect of a partial default vi. Extent of relief vii. Actions where default are not allowed viii. Extension of time to file an Answer ix. Filing and service of pleadings – Rules 11 and 13, as amended i. Payment of docket fees ii. Periods of filing of pleadings iii. Manner of filing iv. Modes of service v. Service of judgments, final orders or resolutions; service of court-issued orders and other documents vi. Priority of filing and service/ Conventional service or filing of orders, pleadings, and other documents vii. When service is deemed complete 11 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) viii. ix. Proof of filing and service SC Admin Order No. 25120 dated 11 September 2020 on the Guidelines on the Implementation in the Philippines of the Hague Service Convention on the Service Abroad of Judicial Documents in Civil and Commercial Matters l. Notice of Lis Pendens • Spouses Gonzales v. Marmaine Realty Corp., G.R. No. 214241, January 13, 2016 m. Amendments • Barfel Development Corp. v. Court of Appeals, G.R. No. 98177, June 8, 1993 • Godinez v. Court of Appeals, G.R. No. 154330, 15 February 2007 n. Supplemental Pleadings • Shoemart, Inc. v. Court of Appeals, G.R. No. 86956, October 1, 1990 • Ada v. Baylon, G.R. No. 182435, 13 August 2012 II. Summons – Rule 14, as amended a. Nature and purpose of summons • De Pedro v. Romasan Development Corp., G.R. No. 194751, November 26, 2014 b. Duty to Issue, Validity of Summons, Form c. Voluntary appearance • Uy v. Del Castillo, G.R. No. 223610, July 24, 2017 • Tujan-Militante v. Nustad, G.R. No. 209518, June 19, 2017 d. Who may serve summons e. On whom summons will be served • Heirs of Manguiat v. Court of Appeals, G.R. Nos. 150768 & 160176, August 20, 2008 • CCC Insurance Corp. v. Kawasaki Steel Corp., G.R. No. 156162, June 22, 2015 f. Personal service, Substituted 12 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) service, and Constructive service g. Extraterritorial service, when allowed • Arrieta v. Arrieta, G.R. No. 234808, November 19, 2018 • Perkin Elmer Singapore Pte Ltd. v. Dakila Trading Corp. G.R. No. 172242, August 14, 2007 h. Service upon prisoners and minors; upon spouses i. Service upon domestic or foreign private juridical entities j. Proof of service III. a. b. c. d. e. Motions – Rule 15, as amended Motions in general Form and Contents Omnibus Motion Rule; Exceptions Prohibited Motions; Exceptions Litigious and Non-Litigious Motions f. Motion Day g. Motions for Bill of Particulars (Rule 12) IV. a. b. c. • • • • Dismissal of Actions – Rule 17 Dismissal with prejudice Dismissal upon notice by plaintiff Dismissal upon motion by plaintiff; effect on existing counterclaim d. Dismissal due to the fault of plaintiff e. Dismissal of counterclaim; crossclaim or third-party complaint Limaco v. Shonan Gakuen Children's House Phil. Inc., G.R. No. 158245, June 30, 2005 Heirs of Tungpalan v. Court of Appeals, G.R. No. 136207, June 21, 2005 Blay v. Baña, G.R. No. 232189, [March 7, 2018 Quintos v. Nicolas, G.R. No. 210252, June 16, 2014 13 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) Module 3: I. Pre-Trial – Rule 18, as amended a. Concept, Nature and Purpose of a pre-trial b. Notice of pre-trial c. Appearance of parties; effect of failure to appear d. Pre-trial brief; effect of failure to appear and to file Pre-trial brief • Paredes v. Verano, G.R. No. 164375, October 12, 200 • Spouses Khonghun v. United Coconut Planters Bank, G.R. No. 154334, July 31, 2006 • Domingo v. Spouses Singson, G.R. Nos. 203287 & 207936, April 5, 2017 e. Pre-trial order f. Pre-trial in civil cases and pretrial in criminal cases g. Court-Annexed Mediation h. Judicial Dispute Resolution i. A.M. No. 19-10-20-SC, 2020 Guidelines for the Counduct of Court Annexed Mediation and Judicial Dispute Resolution in Civil Cases j. Judgment After Pre-Trial LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) • Syllabus • Textbooks • Supreme Court Decisions (SCRA) ||| II. Intervention – Rule 19 • Office of the Ombudsman v. Bongais, G.R. No. 226405, July 23, 2018 • Pulgar v. RTC of Mauban, Quezon, Branch 64, G.R. No. 157583, September 10, 2014 III. IV. a. b. c. d. Calendar of Casees – Rule 20 Subpoena Subpoena duces tecum Subpoena ad testificandum Service of subpoena Compelling attendance of witnesses; contempt e. Quashing of subpoena V. Computation of Time – Rule 22 VI. Modes of Discovery – Rules 23 to 14 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) Recitation Quiz TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) 29 a. Depositions pending action; depositions before action or pending appeal • Santamaria v. Cleary, G.R. Nos. 197122 &197161, June 15, 2016 • Republic v. Sandiganbayan, G.R. No. 152375, December 13, 2011 • People v. Sergio, G.R. No. 240053, 9 October 2019 b. Written interrogatories to adverse parties • Phil. Health Insurance Corp. v. Our Lady of Lourdes Hospital, G.R. No. 193158, November 11, 2015 • Sibayan v. Alda, G.R. No. 233395, January 17, 2018 c. Request for admission • Allied Agri-Business Development Co., Inc. v. Court of Appeals, G.R. No. 118438, December 4, 1998 • Duque v. Spouses Yu, G.R. No. 226130, February 19, 2018 • Metro Manila Shopping Mecca Corp. v. Toledo, G.R. No. 190818, June 5, 2013] • Estate of Marcos v. Republic, G.R. Nos. 213027 & 213253 (Resolution), January 18, 2017 • Lañada v. Court of Appeals, G.R. Nos. 102390 & 102404, February 1, 2002 • Manzano v. Despabiladeras, G.R. No. 148786, December 16, 2004 d. Production or inspection of documents or things • Insigne v. Abra Valley Colleges, Inc., G.R. No. 204089 , July 29, 2015 • Air Philippines Corp. v. Pennswell, Inc., G.R. No. 172835, December 13, 2007 e. Physical and mental examination of persons ||| 15 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) f. Consequences of refusal to comply with modes of Discovery • Spouses Afulugencia v. Metropolitan Bank and Trust Co., G.R. No. 185145, February 5, 2014 MIDTERM EXAMINATION 16 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) Module 4: • Syllabus • Textbooks I. Trial – Rule 30 • Supreme a. Schedule of Trial Court b. Adjournments and postponements Decisions c. Requisites of motion to postpone (SCRA) trial d. Agreed statement of facts e. Order of trial; reversal of order • Judicial Affidavit Rule f. Oral Offer of Documentary Exhibits g. Suspension of Actions • Art. 2030 and 2035, Civil Code h. Consolidation or severance of hearing or trial – Rule 31 • PNB v. Gotesco, G.R. No. 183211, 6 June 2009 i. Delegation of reception of evidence j. Trial by commissioners – Rule 32 k. A.M. No. 20-12-10-SC, Proposed Guidelines on the Conduct of Videoconferencing II. Demurrer to Evidence - Rule 33 Ground Effect of denial Effect of grant Waiver of right to present evidence e. Demurrer to evidence in a civil case and demurrer to evidence in a criminal case • Republic v. De Borja, G.R. No. 187448, January 9, 2017 • Radiowealth Finance Co. v. Spouses Del Rosario, G.R. No. 138739, July 6, 2000 • GMA Network, Inc. v. Central CATV, Inc., G.R. No. 176694, July 18, 2014 a. b. c. d. III. Judgment and Final Order – Rule 36 • BA Finance Corp. v. Court of Appeals, G.R. No. 107345, January 17 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) Recitation Quiz TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) 27, 1994 • Silverio v. Court of Appeals, G.R. No. 178933, 16 September 2009 • Garrido v. Tortogo, G.R. No. 156358, 17 August 2011 a. Default Judgment – Rule 9 b. Judgment after pre-trial, Judgment after ex parte presentation of evidence – Rule 18 c. Judgment without trial d. Judgment on Compromise • Gadrinab v. Salamanca, G.R. No. 194560, 11 June 2014 e. Judgment on the pleadings – Rule 34 • Sunbanun v. Go, G.R. No. 163280, 2 February 2010 • Diman v. Alumbres, G.R. No. 131466, November 27, 1998 • Iloilo Jar Corp. v. Comglasco Corp., G.R. No. 219509, January 18, 2017 • Comglasco Corp. v. Santos Car Check Center Corp., G.R. No. 202989, March 25, 2015 f. Summary judgments – Rule 35 • Asian Construction v. PCIB, G.R. No. 153827, 25 April 2006 • Republic v. Sandiganbayan, G.R. No. 152154, July 15, 2003 • Province of Pangasinan v. Court of Appeals, G.R. No. 104266, March 31, 1993 g. Contents of a judgment h. Rendition of judgments and final orders i. Amendment of Judgment vs. Supplemental Judgment • Esquivel v. Alegre, G.R. No. 79425, April 17, 1989 • Flight Attendants and Stewards Association of the Philippines v. Philippine Airlines, Inc., G.R. Nos. 178083 & A.M. No. 1110-1-SC (Resolution), March 13, 2018 j. Judgment nunc pro tunc • Cardoza v. Singson, G.R. No. 18 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) 59284, January 12, 1990 • Nuñal v. Court of Appeals, G.R. k. l. m. n. No. 94005, April 6, 1993 Entry of judgment and final order Law of the Case Bar by former judgment and conclusiveness of judgment • Del Rosario v. Far East Bank. G.R No. 150134, 31 October 2007 • Islamic Directorate of the Philippines v. Court of Appeals, G.R. No. 117897, May 14, 1997 • Allied Banking Corp. v. Court of Appeals, G.R. No. 108089, January 10, 1994 • Spouses Noceda v. ArbizoDirecto, G.R. No. 178495, July 26, 2010 Immutability of final judgment • Griffith v. Estur, G.R. No. 161777, 7 May 2008 Module 5: I. Post-judgment Remedies a. Motion for New Trial or Reconsideration • Manila Memorial Park Cemetery, Inc. v. Court of Appeals, G.R. No. 137122, November 15, 2000 • Dinglasan, Jr. v. Court of Appeals, G.R. No. 145420, September 19, 2006 • Flight Attendants and Stewards Association of the Philippines v. Philippine Airlines, Inc., G.R. Nos. 178083 & A.M. No. 1110-1-SC (Resolution), March 13, 2018 b. Appeal - Appeals in general 1. Judgment and final orders subject to appeal 2. Matters not appealable • Syllabus • Textbooks • Supreme Court Decisions (SCRA) 19 Recitation Quiz TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) 3. Remedies against judgment and orders which are not appealable 4. Modes of appeal 5. Issues to be raised on appeal a. Custodio v. Court of Appeals, G.R. NO. 116100, 9 February 1996 b. Citytrust Banking Corp. v. Court of Appeals, G.R. No. 92591, April 30, 1991 6. Period of appeal a. Heirs of Albano v. Spouses Ravanes, G.R. No. 183645, July 20, 2016 b. Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005 c. Sumiran v. Spouses Damaso, G.R. No. 162518, August 19, 2009 d. Sumaway v. Urban Bank, Inc., G.R. No. 142534, June 27, 2006 e. San Lorenzo Ruiz Builders and Developers Group, Inc. v. Bayang, G.R. No. 194702, April 20, 2015 7. Perfection of appeal a. Julian v. DBP, G.R. No. 174193, 7 December 201 b. Regional Agrarian Reform Adjudication Board v. Court of Appeals, G.R. No. 165155, April 12, 2010 8. Residual Jurisdiction a. Fernandez v. Court of Appeals, G.R. No. 131094, 16 May 2005 9. Appeal from judgment or final orders of the MTC, MeTC, MTC in cities, MCTC 10. Appeal from judgments or final orders of the RTC Ordinary Appeal Cases (Rules 40-41): 1. Encarnacion v. Amigo, G.R. No. 169793, 15 September 2006 ||| 20 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) 2. Canlas v. Tubil G.R. No. 184285, 25 September 2009 Petition for Review Rule 42 Cases: 1. Ross Rica Sales v. Ong, G.R. No. 132197, 16 August 2005 2. LBP v. Court of Appeals, G.R. No. 190660, 11 August 2011 3. Macawiwili Gold Mining and Development Co., Inc. v. Court of Appeals, G.R. No. 115104, October 12, 1998 4. Anderson v. Ho, G.R. No. 172590, 7 January 2013 5. Heirs of Garcia I v. Municipality of Iba, Zambales, G.R. No. 162217, July 22, 2015 6. Intramuros Administration v. Offshore Construction Development Co., G.R. No. 196795, March 7, 2018 11. Appeal to the Court of Appeals 12. Appeal from judgments or final orders of the CA 13. Petition for Review Rule 45 14. Rule 45 vs. Rule 65; Question of Law v. Question of Fact a. Republic v. Mercadera, G.R. No. 186027, December 8, 2010 b. Asian Terminals, Inc. v. Simon Enterprises, Inc., G.R. No. 177116, February 27, 2013 c. Maza v. Turla, G.R. No. 187094, February 15, 2017 d. Philippine Bank of Communications v. Court of Appeals, G.R. No. 218901, February 15, 2017 e. Mackay v. Angeles, G.R. No. 144230 (Resolution), September 30, 2003 21 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) 15. Appeal from judgments or final orders of the Sandibanbayan 16. Appeal from judgments or final orders of the CTA 17. Review from judgments or final orders of the COA 18. Review from judgments or final orders of the COMELEC 19. Review from judgments or final orders of the CSC 20. Review from judgments or final orders of the Ombudsman 21. Review from judgments or final orders of the NLRC 22. Review from judgments or final orders of quasi-judicial agencies Petition for Review Rule 43 Cases: 1. Fabian v. Desierto, G.R. No. 129742, September 16, 1998 2. Lanting v. Ombudsman, G.R. No. 141426, May 6, 2005 3. St. Martin Funeral Home v. NLRC, G.R. No. 130866, September 16, 1998 4. Alcaraz v. Gonzales, G.R. No. 164715, 20 September 2006 c. Relief from judgments, orders and other proceedings • Purcon v. MRM Philippines, G.R. No. 182718, 26 September 2008 • Valencia v. Court of Appeals, G.R. No. 119118, February 19, 2001 • Gomez v. Montalban, G.R. No. 174414, 14 March 2008 • Victory Liner v. Malinias, G.R. No. 151170, 29 May 2007 • Madarang v. Spouses Morales, G.R. No. 199283, June 9, 2014 d. Annulment of judgments or final orders and resolutions 22 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) • Republic v. De Castro, G.R. No. 189724, 7 February 2011 • Victory Liner v. Malinias, G.R. No, 151170, 29 May 2007 • Islamic Da'wah Council of the Philippines v. Court of Appeals, G.R. No. 80892, September 29, 1989 e. Collateral attack of judgments Module 6: II. Execution, Satisfaction and Effect of Remedies – Rule 39 a. Difference between finality of judgment for purposes of appeal; for purposes of execution b. When execution shall issue c. How a judgment is executed • Villeza v. German Management and Services, Inc., G.R. No. 182937, August 9, 2010 • Gagoomal v. Spouses Villacorta, G.R. No. 192813, January 18, 2012 • Testate Estate of Maria Manuel Vda. De Biascan v. Biascan, G.R. No. 138731, 11 December 2000 • Office of the Court Administrator v. Corpuz, A.M. No. P-00-1418, September 24, 2003 • Florendo v. Paramount Insurance Corp, G.R. No. 167976, 20 January 2020 • Balajonda v. COMELEC, G.R. No. 166032, 28 February 2005 • Saligumba v. Palanog, G.R. No. • Syllabus • Textbooks • Supreme Court Decisions (SCRA) ||| 23 Recitation Quiz TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) d. e. f. g. h. i. j. I. LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) 143365, 4 December 2008 • Infante v. Aran Builders, G.R. No. 156596, 24 August 2007 Immediate execution • Centennial Guarantee Assurance Corp. v. Universal Motors Corp., G.R. No. 189358, October 8, 2014 Properties exempt from execution Proceedings where property is claimed by third persons; in relation to third party claim in attachment and replevin Rules on redemption Examination of judgment obligor when judgment is unsatisfied Effect of judgment or final orders • Del Rosario v. Far East Bank. G.R No. 150134, 31 October 2007 • Islamic Directorate of the Philippines v. Court of Appeals, G.R. No. 117897, May 14, 1997 • Allied Banking Corp. v. Court of Appeals, G.R. No. 108089, January 10, 1994 • Spouses Noceda v. ArbizoDirecto, G.R. No. 178495, July 26, 2010 Enforcement and effect of foreign judgments or final orders Provisional Remedies a. Nature and Purpose b. Jurisdiction over provisional remedies II. Preliminary attachment a. Grounds for issuance of writ of attachment b. Requisites c. Issuance and contents of order of attachment; affidavit and bond d. Rule on prior or contemporaneous service of summons e. Manner of attaching real and personal property; when property attached is claimed by third person 24 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) • • • • • LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) f. Discharge of attachment and the counter-bond g. Satisfaction of judgment out of property attached Davao Light & Power Co., Inc. v. Court of Appeals, G.R. No. 93262, November 29, 1991 Torres v. Satsatin. G.R. No. 166759, 25 November 2009 Valmonte v. Court of Appeals, G.R. No. 108538, 22 January 1996 Traders Royal Bank v. Intermediate Appellate Court, G.R. No. 66321, October 31, 1984 (Pacis v. Commission on Elections, G.R. No. L-29026 (Resolution), August 22, 1969 ||| III. Preliminary injunction a. Definition and differences between preliminary injunction, temporary restraining order, and status quo ante order b. Requisites c. Kinds of injunctions; kinds of temporary restraining orders d. When writ may be issued, when writ may not be issued e. Grounds for issuance of preliminary injunction f. Grounds for objection to, or for the dissolution of injunction or restraining order g. Duration of temporary restraining order h. Rule on prior or contemporaneous service of summons in relation to attachment i. Laws Prohibiting Injunction – PD 605, PD 1818, PD 385 • Hernandez v. NPC, G.R. No. 145328, 23 March 2006 • Australian Professional Realty v. Municipality of Padre Garcia, Batangas, G.R. No. 183367, 14 March 2012 • City of Iloilo v. Honrado, G.R. No. 160399, December 9, 2015 25 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) • Dungog v. Court of Appeals, G.R. No. 139767, August 5, 2003 • Antig v. Antipuesto, G.R. No. 192396 (Resolution), January 17, 2018 • Spouses Laus v. Optimum Security Services, Inc., G.R. No. 208343, February 3, 2016 • Verzosa v. Court of Appeals, G.R. Nos. 119511-13, November 24, 1998 • Tay Chun Suy v. Court of Appeals, G.R. No. 93640, January 7, 1994 • Laus v. Optimum Security Services, G.R. No. 208343, 3 February 2016 • Federation of Land Reform Farmers of the Philippines v. Court of Appeals, G.R. No. 88384, July 14, 1995 IV. Receivership a. Cases when receiver may be appointed b. Requisites c. Requirement before issuance of an order d. General powers of a receiver e. Two kinds of bonds f. Termination of receivership • Normandy v. Duque, G.R. No. L25407, August 29, 1969 ||| • • • • V. Replevin a. When writ may be issued b. Requisites c. Affidavit and bond; redelivery bond d. Sheriff’s duty in the implementation of the writ; when property is claimed by third party BA Finance Corp. v. Court of Appeals, G.R. No. 102998, July 5, 1996 Rivera v. Vargas, G.R. No. 165895, 5 June 2009 Advent Capital and Financ Corp. v. Young, G.R. No. 183018, 3 August 2011 Northern Motors, Inc. v. Herrera, G.R. No. L-32674, February 22, 1973 ||| 26 WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order) VI. a. b. c. d. e. f. LEARNING RESOURCES (print and nonprint materials and online/ open-access resources) WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester) LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning) Provisional Remedies under Special Law and Rules Provisional remedies of the Family Courts; Support Pendente Lite • Francisco v. Zandueta, G.R. No. L-43794, 9 August 1935 • San Juan v. Valenzuela, G.R. No. L-59906, October 23, 1982 Human Security Act Anti-Violence against Women and Children Act Anti-Money Laundering Act Financial Rehabilitation and Insolvency Act Precautionary Hold Departure Orders FINAL EXAMINATION POLICIES: Policies and values that the teacher might want to communicate through the syllabus concerning attendance, participation, academic integrity (e.g. plagiarism, cheating, fabrication), missing assignments, missed exams, recording classroom activities, online behavior during synchronous sessions, etc. 1. 2. 3. 4. Attendance will be checked every meeting. Students who are called to recite but absent shall get a grade of 60. Students who missed a quiz will get a grade of 60. Students are prohibited from recording the online class as this is a violation of the Copyright of the Professor. Prepared by: Judge Wilhelmina Jorge-Wagan Faculty, College of Law Atty. Plaridel J. Bohol II Faculty, College of Law Atty. Francesca Lourdes M. Señga Vice Dean, College of Law 27 Approved by: Signature Atty. Marciano G. Delson Dean, College of Law Date Prepared by the Faculty: 15 August 2021 28